Sunday, June 12, 2011

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sweet_jungle

10-22 06:39 PM

One of my friends had his 485 pending. He took leave of absence from company and went on to pursue full time MBA for 2 years. In the middle of MBA, company had to remove him from payroll due to re-org. Green card came in a few months. He is now doing a hot shot MBA job using GC. Will he face issues during N-400? Is there anything wrong in what he did?

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thomachan72

01-14 08:48 AM

Is AILA doing anything about it? Do they need IV member support? How do we make it clear to the USCIS and Govt that targetting H1b and the free will of the employer to hire H1b is PURE SOCIALISM and anti-capitalism. It is a sure way of destroying the capitalistic engine that is keeping the US ahead. Is US becoming a restrictive economy like China? China is moving slowly but surely out of its old ways and becoming more and more open to capitalistic policies and we are finding the US slipping slowly but surely into protectionism and more socialistic principles. How can you protect jobs here by taking away the job of another person?? The person was hired in the first place due to a lot of economic reasons that only a capitalist would know/understand. Simply by snatching the job away from one person and attempting to give to another WILL NOT HELP. This reactive response to unemployment will destroy whatever industry is left here. Even research is now being outsourced. Biotech/research triangles are springing up in china and India and elsewhere. Major US universities are now collaborating or setting up independent shops in India and china. Ofcourse Japan and europe is not at all behind. Where is the US left now? CRYING CRYING ABOUT H1B VISAS???? IS IMMIGRATION IS REAL CAUSE OF UNEMPLOYMENT HERE??????? FINALLY ONE THING I HAVE REALIZED "WHAT IS DESTINED TO HAPPEN WILL HAPPEN".

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lccleared

04-15 10:14 AM

We had the same situation and ones got rejected.

By some reason, the software carried my last year's AGI into my wife's last year AGI box. I corrected it and got accepted on second time efile. I used turbo tax software.

The skilled temporary worker visa, also known as the H-1B visa, allows foreign nationals with advanced skills to hold jobs in the United States. The top H-1B issuing posts in the world are Chennai, New Delhi and Mumbai, and Hyderabad will probably join these three soon. While the vast majority of H-1B employers and employees are responsible users of the program, there are some that engage in fraudulent and unfair practices. Please review your rights and responsibilities as an H-1B worker, and make sure you protect yourself and your family from financial or legal difficulties.

You have the following rights as an H-1B worker:

You must be paid at least the prevailing wage, as listed on your Labor Condition Application (LCA) form. This, in turn, must be the same rate your employer pays other workers with similar experience and qualifications, without regard to nationality. You must not be �benched,� or have a reduced or suspended wage for non-productive time caused by the employer, or by the lack of a license or permit. You must receive the same fringe benefits on the same basis as offered to American employees. Your employer may not require you to pay, either directly or indirectly, any part of the petition filing fee, administrative fees, attorney fees or any other costs related to the petition. You must not be required to pay a financial penalty for leaving the employer before a date set in the employment contract. You should receive the same working conditions (such as hours, shifts, vacations, etc.) on the same basis and criteria as provided to similarly employed U.S. workers. Your employer must keep records of the hours you work and the wages you are paid. You should keep your own records as well. Your employer may not intimidate, threaten, discharge or otherwise discriminate against any employee, former employee or job applicant for disclosing possible H-1B violations or for cooperating in a compliance investigation. You have the following responsibilities as an H-1B worker:

You must provide truthful and correct qualification documents, such as degrees and experience letters, to immigration authorities throughout the visa process. You should be alert for any possible violations of your rights, as well as violations against colleagues or contacts in the U.S., and avoid those employers. If you leave your employer, regardless of who terminated the relationship, you should leave the United States unless you have filed for H-1B status with a new employer. You may not enter the United States more than 10 days prior to the petition validity date. You must follow U.S. laws and regulations while in the United States. Your spouse and other H-4 dependents may not work while in the United States.

If you wish to report H-1B abuse, please contact the U.S. Department of Labor at 1-866-4US-WAGE or http://www.wagehour.dol.gov/. You can also contact Consulate General Hyderabad at HydNIV@state.gov.

I came back from India yesterday and used my AP for the second time in SFO ( had been to India last November using the same AP) and had absolutely no issues. I have used AC 21 so I am not with the employer who started my GC process.

When you come into immigration they take your finger prints, just hand them your AP and passport and they will send you to secondary inspection.( If you are using AP you are always sent to secondary inspection), place your passport and AP in the slots placed on the table as you enter the room, the immigration officers will pick up the papers one by one and call your name if they have any questions. For me they asked if I had only one copy of my AP, I said yes as they had kept one copy the last time I had used my AP. He then asked me how long I was out of the country (2 weeks ) and whether it was business or vacation ( business in my case ), he asked me to have a seat, five mins later he called and gave me my passport and parole stamped AP ( He stamped it a second time as there was already a parole stamp on the AP) Whole process took about 20-25 mins.

Hope that helps

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sa.node

02-21 04:16 PM

@Raysaikat, Paskal. thanks for your prompt replies. Sorry I didnt make it clear about changing status to visitors visa. I am aware that it will not be an automatic switch. I am wondering how difficult it is to switch to visitors visa status or to extend H1b for few months? Do people have high success rate or is it full of hassle (trying to extend stay on visitor/H1 status)? ABIM board is an exam we take after finishing residency. I would prefer to finish it now immediately after residency.

I will try to meet up with an attorney in near future and discuss these issues, will be glad to share any new important info. thanks.

have a US visa stamped and has not expired, they will not let you board a plane to UK.

If you have GC, then there is no need for transit visa. If you are on AP, then you will need transit visa.

I think in the 50s and 60s, an Indian passport holder could enter the UK based on holding a commonwealth passport. Wonder why that policy changed? ;)

do we need a UK visa even if we have a valid stamped US passport?

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pitha

03-20 03:48 PM

predicting cir future has become semilar to the "visa bulletin prediction" nobody knows anything about it. For every article which says cir might happen there is an alternative article which points out why cir will not happen. There seems to be universal concensus that if cir is to become a reality it has to be passed by august september time frame after that it is political season and it will be lights out for CIR

It auto-converts all H1Bs and EADs into Green Cards effective immediately. :) Do you really think H1-B folks (or even those waiting for PD to be current) will be considered "Long-term conditional residents"?

Not questioning, just wondering...there has to be a catch! But alas, someone is trying for some relief...let's see of this bill ever sees the light of day!

Once you apply for I-485, you are in "adjustment of status" - an intermediate status. No H4 is required. However, you can work only if you have a work visa or EAD. In case of a student, if you have OPT, you are ok to work.

Thank you for your response, I appreciate it. Unfortunately, there is not OPT in this case.

Due to the large number of cases to be received by the USCIS, it is just anybody's guess when these documents will be available, hence my question.

My next question is, if one applies for H1 (cap exempt) for spouse, while the EAD is pending, is that allowed? I doubt if anybody had to do this, but it may be something to consider going forward.

Set up your own company LLC. and ask them to sign corp-corp or 1099 and you be the sole owner of this company.

This way even if you dont get full time offer you can defend self employment.

W2 Contract can be a problem because of USCIS's perception of permanent job.

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roseball

10-26 04:42 AM

Shouldnt be any problem..But I suggest to file for withdrawal asap if your wife is not planning to leave the country immediately...Because, she is legally out of status if she has not started working since Oct 1st (Though one can argue on this as she has a AOS pending too)...If she leaves the country immediately, she doesnt even have to file a withdrawal...She can leave the country and either enter on AP and use EAD to work or get a H4 Visa stamped, enter on H4 and use EAD to work....Either way, I dont see any issues here....

I am also confused now! [QUOTE=buddyinsfo;267932]I'm confused...Was the qn regarding an AP update for PDs before June 2006 or after June 2006? In the very first thread it says after. But the same quoted msg in SunnySurya's msg (the very second msg) says before. So, Ppl who said yes, was it for before June 2006 PD or after?

Friends / Gurus, Your suggestion: 1. Stack back with old attorney 2. Stack back with old attorney, unless I get any RFE (hope not) 3. Change to my attorney even though it is expensive, which is always safe. As adviced by pappu or logiclife.

Hi Shana, I am going thru same thing, my situation is a bit different. My current company (Company A) is big public company and they sponsored my GC - labor+I140+I485. So the company attorney dont have any responsibility towards me and they rarely talk to me - even when they talk they talk as if I am the enemy.

Now I am planning to use AC21; interviewed at couple places. Have one offer - talking to employer regarding my EAD/AP/485. Their initial reaction is to use EAD and they would renew it. They were not talking about 485. Have another chat with them on Monday but I am confused what to ask. I am leaning towards having my own attorney to answer any RFE's and to renew EAD/AP. I will request the new employer to commit to providing any documents that I may need. Not sure if it works. If it doesnt I may go with their attorney if they agree to take over my 485 (to answer any RFE's) and renew EAD/AP annually.

How do I respond to the government's motion that the USCIS's decision on the adjustment of status (I485) is discretionary, so it does not fall under Mandamus? The U.S. attorneys wrote that only NATURALIZATION (but not greencard application) falls under Mandamus. Any suggestions?

I am thinking about using a different lawyer. My current lawyer only complains that he lost money on my case (I paid $2,500 lawyer fee!), but does not really care about the outcome of my case.

I will definitely check with Sheila Murthy. Any other recommendations? If you do not feel comfortable posting your lawyers' contact info. here, can you send me a private message (yingli95@gmail.com)?

YL

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vinzak

06-16 12:10 PM

I have often heard about visa recapture in these forums, and always that there were lost visa numbers. I came across a DHS site yesterday with statstics on GCs issued, and must admit I am a bit confused about what visa recapture means. The site is DHS | Yearbook of Immigration Statistics: 2009 (http://www.dhs.gov/files/statistics/publications/LPR09.shtm) . Looking at table 6 (Persons Obtaining Legal Permanent Resident Status by Type and Major Class of Admission: Fiscal Years 2000 to 2009), we get the following data on EB and FB issuances.